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PHARMACEUTICAL RESEARCH AND MFRS. OF AMERICA v. THOMPSON

No. CIV.A.02-1306(JDB).

259 F.Supp.2d 39 (2003)

PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA, Plaintiff, and National Urban Indian Coalition, and National Alliance for the Mentally Ill of Michigan, Intervenor-Plaintiffs, v. The Honorable Tommy G. THOMPSON, in his official capacity as Secretary, United States Department of Health and Human Services, and Thomas A. Scully, in his official capacity as Administrator, Centers for Medicare & Medicaid Services, Defendants, and Michigan Department of Community Health, Intervenor-Defendant.

United States District Court, District of Columbia.

March 28, 2003.

Attorney(s) appearing for the Case

Jeffrey David Pariser, Jeremy T. Monthy, Hogan & Hartson LLP, Washington, DC, Bert W. Rein, Michael Lee Sturm, Wiley Rein & Fielding LLP, Washington, DC, for Plaintiffs.

Vesper Mei, Office of Federal Programs, Civil Division, U.S. Department of Justice, Washington, DC, Charles J. Cooper, Washington, DC, Hamish P.M. Hume, Cooper & Kirk PLLC, Washington, DC, for Defendants.

MEMORANDUM OPINION

BATES, District Judge.

Pharmaceutical Research and Manufacturers of America ("PhRMA") brings this case challenging a Medicaid initiative implemented by the State of Michigan's Department of Community Health ("DCH") and approved by the Secretary of the United States Department of Health and Human Services (the "Secretary" or "HHS") through the Administrator of Centers for Medicare & Medicaid Services ("CMS"). Under the initiative...

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